Terms of Use

Agreement to these Terms

BY CREATING AN ACCOUNT, CLICKING "I ACCEPT", OR BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS WE ASK YOU TO ACCEPT FOR A PARTICULAR PART OF THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

Our Privacy Policy explains how we collect, use, store and disclose personal information, and forms part of these Terms.

1. The Service

IceHrm is a human resource management platform that helps organisations manage employee records, leave, attendance, payroll, recruitment, performance and related HR processes. It is available as a hosted cloud service (IceHrm Cloud) and as self-hosted software (IceHrmPro).

IceHrm provides software tools. You remain responsible for your HR, payroll and employment decisions and for complying with the employment, tax, privacy and other laws that apply to your organisation. Nothing in the Service is legal, tax or financial advice.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws.

If you accept these Terms on behalf of a company or other organisation, you represent and warrant that you have authority to bind that organisation, and "you" in these Terms refers to that organisation and anyone using the Service on its behalf.

3. Accounts and Registration

To use most features of the Service you must register for an account. You agree that the information you give us is accurate and that you will keep it up to date. You are responsible for keeping your password confidential and for all activity under your account, including activity by the users you invite. If you believe your account is no longer secure, you must notify us immediately at [email protected].

4. Fees and Payment

Paid plans and premium features require payment of fees. You will be shown the fees before you are asked to pay them. Unless stated otherwise, fees are in United States dollars and are exclusive of taxes. Where goods and services tax (GST) or any similar tax applies, it will be added to the fees.

4.1 Price

Our current prices are published at icehrm.com/cloud-hosting-charges. We may change our fees by giving you at least 30 days' notice before the change applies to you. If you do not agree to a price change, you may cancel your subscription before it takes effect. We may make promotional offers with different features and pricing; a promotional offer only applies if it is made to you.

4.2 Authorisation

You authorise us to charge all fees for the plan and services you select to the payment method in your account. If you pay by card, we may seek pre-authorisation to confirm the card is valid and has sufficient funds or credit available.

4.3 Subscriptions and cancellation

Subscriptions renew automatically for successive billing periods (usually monthly) until cancelled. You authorise us to charge the fees for each new billing period on or after the renewal date. You can cancel at any time by emailing [email protected]; cancellation takes effect at the end of the current billing period, and you will not be charged for later periods.

4.4 Refunds

Fees already paid are not refundable, except where these Terms say otherwise or where a refund is required by law, including under the Australian Consumer Law.

4.5 Overdue accounts

If fees are overdue, we may, after giving you notice and a reasonable opportunity to pay, suspend or restrict access to the Service until the overdue amount is paid. You must also pay reasonable costs we incur in recovering overdue amounts.

5. Licence

5.1 Permission to use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription, at the level of service you have paid for.

5.2 Restrictions

Except to the extent the restriction is not permitted by law, you must not: (a) copy, distribute, publicly display or publicly perform the Service; (b) modify the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (d) use the Service on behalf of a third party or as a service bureau. IceHrm open source software is licensed separately under its own licence, and nothing in these Terms limits your rights under that licence.

5.3 Feedback

If you give us suggestions or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use that Feedback for any purpose, including to improve the Service.

6. Your Data

You own the data you and your users enter into the Service ("Customer Data"). You grant us a licence to host, store, process and display Customer Data only as needed to provide, secure and support the Service. We handle personal information in Customer Data in accordance with our Privacy Policy.

You are responsible for the accuracy and lawfulness of Customer Data, including having any notices, consents or other legal basis needed to collect and store your employees' and applicants' information in the Service. You can export your Customer Data while your account is active. After your account is closed, we may delete Customer Data, so please export anything you need before then.

7. Ownership and Intellectual Property

The Service, including its software, interfaces, design, graphics, text, templates and other materials provided by us ("Materials"), is owned by IceHrm or its licensors and is protected by intellectual property laws. Except as expressly permitted by these Terms, you may not use the Materials. We reserve all rights not expressly granted to you.

8. Third Party Services

8.1 Third party services and linked websites

The Service may let you import data from, or export data to, third party services, or may contain links to third party websites. If you use these features, you authorise us to transfer the relevant data to and from the third party service. Third party services and websites are not under our control, and we are not responsible for them or for how they use your data.

8.2 Third party software

The Service may include third party software components that are licensed under open source licences ("Third Party Components"). Nothing in these Terms restricts your rights under the licences that apply to Third Party Components.

9. Prohibited Conduct

When using the Service, you must not:

• use the Service for any unlawful purpose or in breach of any local, state, national or international law;
• infringe, or encourage others to infringe, the rights of any third party, including intellectual property, privacy or confidentiality rights;
• interfere with the security of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of content; (ii) reverse engineering or attempting to discover the source code of any part of the Service, except to the extent permitted by law; or (iii) hacking, password mining or any other unauthorised means of access;
• modify or create derivative works of any part of the Service;
• interfere with the operation of the Service or any other user's use of it, including by: (i) uploading viruses, spyware or other malicious code; (ii) sending unsolicited offers or advertisements to other users; (iii) collecting personal information about other users or third parties without consent; or (iv) disrupting any network, equipment or server used to provide the Service;
• engage in fraud, including impersonating any person or organisation, claiming a false affiliation or accessing another account without permission;
• place an unreasonable or disproportionately large load on our infrastructure or any connected systems or networks;
• sell or transfer the access granted under these Terms or any Materials; or
• attempt, or assist or permit anyone else, to do any of the things described in this Section 9.

10. Copyright Complaints

We respect intellectual property rights, including under the Copyright Act 1968 (Cth). If you believe material on the Service infringes your copyright or other intellectual property rights, please email [email protected] with:

• your name, address, telephone number and email address;
• a description of the work or other intellectual property you claim has been infringed;
• a description of the material you claim is infringing and where it is located on the Service;
• a statement that you believe in good faith that the use of the material is not authorised by the owner, its agent or the law;
• a statement that the information in your notice is accurate and that you are the owner of the rights concerned or are authorised to act on the owner's behalf; and
• your physical or electronic signature.

We may remove or disable access to material that we reasonably believe infringes the rights of others, and we may terminate the accounts of users who repeatedly infringe.

11. Changes to these Terms

We may change these Terms from time to time, for example to reflect changes to the Service or the law. We will give you at least 30 days' notice of any change that materially and adversely affects you, by email or through the Service. Changes take effect on the date stated in the notice. If you do not agree to a change, you may cancel your subscription before the change takes effect and, if the change materially and adversely affects you, we will refund any prepaid fees for the period after cancellation. Disputes are resolved under the version of these Terms that applied when the dispute arose.

12. Term, Termination and Changes to the Service

12.1 Term

These Terms apply from when you first accept them or use the Service, and continue until terminated in accordance with Section 12.2.

12.2 Termination

You may stop using the Service and close your account at any time, as described in Section 4.3.

We may suspend or terminate your access to the Service immediately by notice if: (a) you materially breach these Terms and, where the breach can be remedied, you do not remedy it within 14 days of our notice; (b) you fail to pay fees as described in Section 4.5; (c) your use of the Service poses a security risk or may cause harm to us, other users or third parties; or (d) we are required to do so by law. We may also terminate these Terms for any other reason by giving you at least 30 days' notice, in which case we will refund any prepaid fees for the period after termination.

12.3 Effect of termination

When these Terms end: (a) your licence ends and you must stop using the Service; (b) you must pay any fees due up to the date of termination; and (c) Sections 5.3, 6, 7, 12.3 and 13 to 17 continue to apply.

12.4 Changes to the Service

We continually improve the Service and may add, change or remove features. If we remove a feature or make a change that materially and adversely affects your use of a paid plan, we will give you reasonable notice, and you may cancel your subscription and receive a refund of any prepaid fees for the period after cancellation.

13. Indemnity

You indemnify IceHrm and its officers, directors, employees, contractors and agents (together, the "IceHrm Parties") against any claim by a third party, and any related liability, loss, damage and reasonable legal costs, to the extent arising from: (a) your misuse of the Service; (b) your breach of these Terms or of any applicable law; (c) your infringement of any third party right, including intellectual property, privacy or confidentiality rights; or (d) Customer Data. This indemnity does not apply to the extent the claim or loss is caused by the negligence, wilful misconduct or breach of these Terms of an IceHrm Party.

14. Australian Consumer Law and Warranties

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified ("Non-Excludable Rights").

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, and the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

SUBJECT TO THE NON-EXCLUDABLE RIGHTS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND WE EXCLUDE ALL WARRANTIES, CONDITIONS AND GUARANTEES NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS OR HARMFUL COMPONENTS, BUT WE WILL USE REASONABLE EFFORTS TO CORRECT ERRORS THAT ARE REPORTED TO US.

You are responsible for checking the outputs of the Service, including payroll, tax and leave calculations, before relying on them.

15. Limitation of Liability

SUBJECT TO THE NON-EXCLUDABLE RIGHTS AND TO THE EXTENT PERMITTED BY LAW, THE ICEHRM PARTIES ARE NOT LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE.

SUBJECT TO THE NON-EXCLUDABLE RIGHTS AND TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE ICEHRM PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE FEES YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND (B) AUD 100.

The limitations in this Section 15 do not apply to liability for fraud, or for personal injury or death caused by our negligence, and do not limit your obligation to pay fees.

16. Governing Law and Disputes

These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them.

If a dispute arises, please contact us first at [email protected]. Both parties will try in good faith to resolve the dispute by negotiation within 30 days before starting court proceedings, except where urgent interim relief is needed.

17. General

Entire agreement. These Terms, together with our Privacy Policy and any additional terms you accept for a particular part of the Service, are the entire agreement between you and us about the Service.

Severability. If any provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary, or severed, and the rest of these Terms will continue to apply.

No waiver. A failure or delay in exercising a right is not a waiver of that right.

Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to a successor in connection with a merger, acquisition or sale of all or part of our business, on notice to you.

Notices. We may give you notices by email to the address in your account or through the Service. You may give us notices by email to [email protected].

Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.

18. Contact Us

If you have any questions about these Terms, please contact ICE HRM Pty Ltd at [email protected].